ORD 17-009ORDINANCE NO. 17-009
AN ORDINANCE repealing and replacing Chapter 18.35 of the
Camas Municipal Code relating to wireless communication
facilities.
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS :
Section I
Chapter 18 .35 of the Camas Municipal Code is hereby repealed and shall be replaced with
the terms as set forth within the attached Exhibit "A".
Section II
This ordinance shall take force and be in effect five ( 5) days from and after its publication
according to law.
PASSED by the Council and APPROVED by the Mayo
Mayor
A~T:~~~
Clerk
APPROVED as to form:
~)_i~
City Attorney
EXHIBIT"A"
Chapter 18.35 Wireless Communication Facilities
Section 18.35.010 Purpose
Section 18.35.020 Definitions
Section 18.35.030 Towers
Section 18.35 .040 Collocation of Antennas, DAS, and Small Cells
Section 18.35 .050 Tower Sharing, Collocation and Preferred Tower Locations
Section 18.35 .060 Application Submittal Requirements
Section 18.35 .070 General Development Standards Applicable to WCFs
Section 18.35 .080 Regulations for Facilities Subject to a Conditional Use Permit
Section 18.35 .090 Exception from Standards
Section 18.35.100 Final Inspection
Section 18. 35.110 Maintenance
Section 18.35.120 Discontinuation of Use
Section 18.35.130 Independent Technical Review
Section 18.35.140 Exempt Facilities
Section 18 .35 .150 Indemnification
Section 18.35 .010 Purpose
The purpose of this Chapter is to provide a uniform and comprehensive set of standards for the
development, siting and installation of wireless telecommunication facilities . These regulations are
intended to protect the public health, safety and welfare of the residents of Camas, to preserve
community character and protect aesthetic quality in accordance with guidelines and intent of federal
regulations and to encourage siting in preferred locations to minimize aesthetic impacts and to
minimize the intrusion of towers into residential areas (R, MF zones) and Gateways as designated
on the City of Camas Zoning Map.
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Section 18.35.020 Definitions
The following words and phrases used in this chapter shall have the following meanings:
A. "Antenna" means one or more rods , panels , discs or similar devices used for wireless
communication , which may include, but is not limited to , omni -directional antenna (whip),
directional antenna (panel), and parabolic antenna (dish).
B. "Antenna Array'' means a single or group of antenna elements and associated mounting
hardware , transmission lines , or other appurtenances which share a common attachment
device such as a mounting frame or mounting support structure for the sole purpose of
transmitting or receiving electromagnetic waves .
C. "Base Station" means a structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless commun ications between user equipment
and a communications network . The term does not encompass a tower as defined in this
chapter or any equipment associated with a tower.
1. The term includes, but is not limited to , equipment associated with wireless
communications services such as private , broadcast, and public safety services ,
as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
2. The term includes , but is not limited to, radio transceive rs , antennas , coaxial or
fiber-optic cable , regular and backup power supplies, and comparable equipment,
regardless of technological configuration (including Distributed Antenna Systems
and small cell networks).
3. The term includes any structure other than a tower that , at the time the relevant
application is filed with the City under this section , supports or houses equipment
described in this section that has been reviewed and approved under the
appl icable zoning or siting process , or under Washington or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing such support.
4. The term does not include any structure that, at the time the relevant application
is filed with the state of Washington or the City under this section , does not
support or house equipment described in this section.
D. "Collocation" means the mounting or installation of transmission equipment on a support
structure for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes .
E. "Commission" means the Federal Communications Commission ("FCC").
F. "Distributed Antenna System" or "DAS" means a network consisting of transceiver
equipment at a central hub site to support multiple antenna locations throughout the
desired coverage area. "DAS".
G. "Small Cells" (aka micro cells) mean compact wireless base stations containing their own
transceiver equipment and function like cells in a mobile network but provide a smaller
coverage area than traditional macrocells. Small cell antennas are mounted at street
level , typically on the external walls of external structures , lamp-posts and other street
furniture or utility structures and can often blend in to the building features. For purposes
of these definitions , volume is a measure of the exterior displacement , not the interior
volume of the enclosures. Antennas or equipment concealed from public view in or
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behind an otherwise approved structure or concealment are not included
in calculating volume.
1. Small Cell Antenna: Each antenna shall be no more than three (3) cubic feet in
volume.
2. Small Cell Equipment: Each equipment enclosure shall be no larger than
seventeen (17) cubic feet in volume. Associated conduit, mounting bracket or
extension arm, electric meter, concealment, telecommunications demarcation
box, ground-based enclosures, battery back-up power systems, grounding
equipment, power transfer switch, and cut-off switch may be located outside the
primary equipment enclosure(s) and are not included in the calculation of
equipment volume.
H. "Stealth design" means technology that minimizes the visual impact of wireless
communications facilities by camouflaging, disguising, screening, and/or blending into the
surrounding environment. Examples of stealth design include but are not limited to
facilities disguised as trees, flagpoles, bell towers, and architecturally screened roof-
mounted antennas.
I. 'Tower" means any structure built for the sole or primary purpose of supporting any
Commission-licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services including, but not
limited to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated
site.
J. "Tower Height" means the vertical distance measured from the base of the tower
structure at grade to the highest point of the structure including the antenna but does not
include a lightning rod
K. "Transmission Equipment" means equipment that facilitates transmission for any
Commission-licensed or authorized wireless communication service, including, but not
limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with wireless
communications services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services such
as microwave backhaul.
L. "Utility Support Structure" means poles or towers with a primary purpose of supporting
utility electrical, telephone land lines, cable or other similar facilities; street lights;
pedestrian light s; traffic light structures; traffic sign structures; or water towers.
M. "Wireless Communication Facilities" or 'WCF" means a staffed or unstaffed facility or
location for the transmission and/or reception of radio frequency (RF) signals or other
wireless communications or other signals for commercial or governmental
communications purposes, typically consisting of one or more antennas or group of
antennas, a tower or attachment support structure, transmission cables and other
transmission equipment, and an equipment enclosure or cabinets.
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Section 18 .35 .030 Towers
A. Towers shall be located only in those areas and pursuant to the process described in CMC
Tables 18.35-1 and 18.35-2, provided that towers that are proposed to be located in a
residential zone or within 150 feet of a residential zone shall be subject to the siting priorities
set forth for preferred tower locations in CMC 18.35 .050.
Table 18.35-1
New Wireless Communication Tower Criteria
Allowed by Type II Permit
Located in Maximum Setback from Property Zone Tower Height Stealth
Category Public Right-of-Design Lines (does not apply
way (ROW) [3] within ROW)[2]
'NP, SU[1] l Yes I 50' Optional[1] I N/A
No I 75' Optional[1] I 20'; and 60' from any ROW
IRC,CC, I Yes I 50' Optional[1] I N/A
NC [1] I No I 60' Optional[1] I 20 '; and 60' from any ROW
Fll Yes I 50' Optional[1] I N/A
No I 70' Optional[1] I 20'; and 70' from any ROW
iu, Ll/BP[1] j
Yes I 50 ' Optional[1] I N/A
No I 150' Optional[1] I 20'; and 100' from any ROW
Yes
70' Optional[1] N/A
Hl[1]
~ 150' Optional[1] 20' and 100' from any ROW
[1] If an applicant wants to construct a tower in a residential zone or within 50' of a residential zone ,
then a Type Ill process and stealth design are required. If an applicant wants to construct a tower
within 51' -150' of a residential zone, then a Type II process and stealth design are required. If an
applicant wants to construct a tower beyond 150' of a residential zone, then the review process is
that which is required in the zone in which the tower is to be located.
[2] See exception for locations adjacent to a residence in CMC 18 .35.070(8).
[[3] Lesser of the maximum tower height or the height necessary to serve a gap in service .l____________________ Commented [PB1]: Added by PC. Staff recommends deleting
th is footnote and maintaining the ma xi mum height with the ability
to get an exception . Staffs concern is if a gap and s ervice exists ,
denial of the necessary height could run afoul of
federalrequ irements.
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I
Table CMC 18.35-2
New Wireless Communication Tower Criteria
Allowed by Type Ill Conditional Use Permit
Located Maximum in Tower
Zone Category Public Height Stealth Setback from Property Lines[2] (does
Right-Design not apply within ROW)
of-way [5] (ROW)
Foll R, MF, MX,
DC[1] F l 60' \Required I 20'
NP , Optional
SU,RC,CC,NC[1] F 61' -70'[3] [1] I 20'
I
jBP[1] ~I 71'-90'[41 !Optional[1] 20'
[1] All new towers in a residential zone or within 50' of a residential zone shall require stealth design.
[2] See exceptions for locations adjacent to a residence in CMC 18.35.070(8).
[3] An additional 20 feet in height is allowed if applicant uses stealth design .
[4] An additional 30 feet in height is allowed if applicant uses stealth design .
![5] Lesser of the maximum tower height or the height necessary to serve a gap in service .l____________________ Commented [PB2]: Added by Pc . staff recommends deleting
this footnote and maintaining the maximum height with the ability
to get an exception. Staffs concern is if a gap and service exists,
denial of the necessary height could run afoul of federal
requirements.
Section 18.35 .040 Collocation of Antennas, DAS, and Small Cells
A. To the extent not otherwise covered by this chapter, collocation and new wireless
communication antenna arrays are permitted in all zones via administrative (building
permits) approval provided that they are attached to or inside of an existing structure
(except on the exterior of pole signs or anywhere on a billboard) that provides the
required clearances for the array's operation without the necessity of constructing a tower
or other apparatus to extend the antenna array more than 15 feet above the structure.
B. For antenna arrays on City-owned property or right of way, the execution of necessary
agreements is also required.
C. If any support structure must be constructed to achieve the needed elevation or if the
attachment adds more than 15 feet above the existing structure, the proposal is subject to
Type II review. The limitation to15 feet is applicable to cumulative increases and any
previously approved additions to height made under this section must be included in its
measurement.
D. Any equipment shelter or cabinet and other ancillary equipment are subject to the general
development standards of CMC 18 .35.070.
E. Distributed Antenna Systems and Small Cells .
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1. Distributed Antenna Systems (DAS) and Small Cells are permitted in all land use
zones and public right of ways, regardless of the siting preferences listed in CMC
18.35.050.
2. DAS and small cells systems are subject to approval via administrative Type II
review under 18.35.070. Additionally, Design Review is required when the
applicant proposes a new utility support structure or building.
3. Multiple Site DAS and Small Cells. Consolidated review of multiple site DAS and
Small Cells shall be provided.
Section 18 .35 .050 Tower, Sharing, Collocation and Preferred Tower Locations
A. Tower Sharing and Collocation. New WCF facilities must, to the maximum extent
feasible, collocate on existing towers or other structures to avoid construction of new
towers, unless precluded by zoning constraints such as height, structural limitations,
inability to obtain authorization by the owner of an alternative location , or where an
alternative location will not meet the service coverage objectives of the applicant.
Applications for a new tower must address all existing towers or structures of a similar
height within 1 /2 mile of the proposed site as follows: (a) by providing evidence that a
request was made to locate on the existing tower or other structure , with no success; or
(b) by showing that locating on the existing tower or other structure is infeasible .
B. All new wireless telecommunication towers shall be designed and built to accommodate
collocation or additional loading. For the purposes of this provision, this means that the
tower shall be designed specifically to accommodate no less than the following
equipment, in addition to the applicant's proposed equipment:
1. Twelve antennas with a float plate wind-loading of not less than four square feet per
antenna;
2 . A standard mounting structure , standoff arms , platform or other similar structure
designed to hold the antennas ;
3. Cable ports at the base and antenna levels of the tower; and
4. Sufficient room within or on the tower for 12 runs of 7/8" coaxial cable from the base
of the tower to the antennas.
C. New towers shall be prohibited in all R and MF zones unless such a prohibition would
constitute a denial of service coverage objectives under the Federal Telecommunication
Act.
D. Preferred Tower Locations. All new towers in residential (R , MF) zones or within 150 feet
of a residential zone shall require a demonstration that the tower will be sited in the most
preferred zoning district/area that will address a defined service coverage objective based
upon the following priorities, ordered from most-preferred (1) to least-preferred (8):
1. City-owned or operated property, facilities and right of ways excepting therefrom ,
right-of-way and city facilities located in residential zones (R, MF zones) or Gateways
designated on the zoning maps of the City of Camas, and where the tower will not be
located within 150 feet of a residential zone;
2. HI, I, LIBP zones;
3. BP zones ;
4. RC and CC zones;
5. NC and DC zones;
6. City-owned or operated property (not right of way) and facilities in any zone , as long
as less than 50% of height of the tower is visible as viewed from a public street,
public open areas (eg . fields, playgrounds, parking areas), or property that is being
used for residential purposes;
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7. Parcels of land in residential zones (R, MF zones);
Sect ion 18.35 .060 Application Submittal Requirements
In addition to the application materials required elsewhere in the CMC , Type II and Type Ill
applications submitted under this chapter shall include the following materials, as applicable to the
type of use or facility proposed:
A. Requirement for FCC Documentation. The applicant shall provide a copy of:
1. Documentation for FCC license submittal or registration, and
2. The applicant's FCC license or registration.
B. Speculation. No application shall be accepted,approved, constructed or maintained for a
speculation tower, i.e., solely from an applicant that simply constructs towers and leases
tower space to service providers , but is not a service provider. An application made on
behalf of a service provider and consented to by the service provided would not be
considered to be a speculation tower.
C. Site plans. Complete and accurate plans and drawings to scale, prepared , signed and
sealed by a Washington-licensed engineer, land surveyor and/or architect, including (1)
plan views and all elevations before and after the proposed construction with all height
and width measurements called out; (2) a depiction of all proposed transmission
equipment; (3) a depiction of all proposed utility runs and points of contact; and (4) a
depiction of the leased or licensed area with all rights-of-way and/or easements for
access and utilities in plan view.
D. Visual analysis. A color visual analysis that includes to-scale visual simulations that show
unobstructed before-and-after construction daytime and clear-weather views from at least
four angles, together with a map that shows the location of each view. The applicant shall
provide an analysis of alternative sites and technology design options for the facility within
and outside of the city that are capable of closing the same gap in service provider's
service area as the preferred site with an equivalent or lesser visual impact.
E. Statement of Purpose/RF Justification for WCF. A clear and complete written Statement
of Purpose shall minimally include : (1) a description of the technical objective to be
achieved ; (2) a to-scale map that identifies the proposed site location and the targeted
service area to be benefited by the proposed project ; and (3) full-color signal propagation
maps with objective units of signal strength measurement that show the applicant's
current service coverage levels from all adjacent wireless sites without the proposed site,
predicted service coverage levels from all adjacent wireless sites with the proposed site,
and predicted service coverage levels from the proposed site without all adjacent wireless
sites. These materials shall be reviewed and signed by a Washington-licensed
professional engineer or a qualified employee of the applicant. The qualified employee of
the applicant shall submit his or her qualifications with the application.
F. Design justification. A clear and complete written analysis that explains how the proposed
design complies with the applicable design standards under this chapter to the maximum
extent feasible. A complete design justification must identify all applicable design
standards under this chapter and provide a factually detailed reason why the proposed
design either complies or cannot feasibly comply.
G. Collocation and alternative sites analysis .
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1. All Towers. All applications for a new tower must demonstrate that collocation is
not feasible, consistent with CMC 18.35 .050 .
2 . Towers in a residential zone or within 150 feet of a residential zone .
a. For towers in or within 150 feet of a residential zone , the applicant must
address the City's preferred tower locations in CMC 18 .35 .050 with a
detailed explanation justifying why a site of higher priority was not
selected. The City's tower location preferences must be addressed in a
clear and complete written alternative site analysis that shows at least five
(5) higher ranked , alternative sites considered that are in the geographic
range of the service coverage objectives of the applicant, together with a
factually detailed and mean ingful comparative analysis between each
alternative candidate and the proposed site that explains the substantive
reasons why the applicant rejected the alternative candidate. An applicant
may reject an alternative tower site for one or more of the following
reasons:
1. preclusion by structural limitations;
2. inability to obtain authorization by the owner;
3. failure to meet the service coverage objectives of the applicant;
4 . fa ilure to meet other engineering requirements for such things as
location, height and size ;
5. zoning constraints, such as the inability to meet setbacks ;
6. physical or environmental constraints , such as unstable soils or
wetlands ; and/or
7. being a more intrusive location based on physical features and
land uses on the site or in the surrounding area despite the higher
priority in this chapter as determined by the Planning Director or
Hearing Examiner, as applicable.
b. A complete alternative sites analysis provided under this subsection (F)(2)
may include less than five (5) alternative sites so long as the applicant
provides a factually detailed written rationale for why it could not identify at
least five (5) potentially available, higher ranked, alternative sites.
3. Required description of coverage objectives. For purposes of disqualifying
potential collocations and/or alternative sites for the failure to meet the applicant's
service coverage objectives the applicant will provide (a) a description of its
objective , whether it be to close a gap or address a deficiency in coverage ,
capacity, frequency and/or technology ; (b) detailed technical maps or other
exhibits with clear and concise RF data to illustrate that the objective is not met
using the alternative (whether it be collocation or a more preferred location); and
(c) a description of why the alternative (collocation or a more preferred location)
does not meet the objective.
H. DAS and small cells . As outlined in CMC 18 .35 .010 , the City encourages , but does not
require , the use of DAS and small cells. Each applicant will subm it a statement that
explains how it arrived at the structure and design being proposed.
1. All pole-mounted DAS or small cell equipment shall be painted with flat , non-
reflective colors or shades of either black, brown or grey that blend with the visual
environment.
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2. For all DAS or small cell equipment to be located within the right-of-way , prior to
submitting for a building permit, the applicant must have a valid municipal master
permit, municipal franchise , or exemption otherwise granted by applicable law,
addressing this technology to the extent consistent with RCW 35 .21.860 .
I. Radio frequency emissions compliance report for WCF. A written report, prepared , signed
and sealed by a Washington-licensed professional engineer or a competent employee of
the applicant, which assesses whether the proposed WCF demonstrates compliance with
the exposure limits established by the FCC. The report shall also include a cumulative
analysis that accounts for all emissions from all WCFs locat ed on or adjacent to the
proposed site , identifies the total exposure from all facilities and demonstrates planned
compliance with all maximum permissible exposure limits established by the FCC. The
report shall include a detailed description of all mitigation measures required by the FCC .
J. Accessory Equipment. All equipment for WCF , DAS and Small Cells shall be located or
placed in an existing building, underground , or in an equipment shelter that is (a)
designed to blend in with existing surroundings , using architecturally compatible
construction and colors; and (b) located so as to be as unobtrusive as possible consistent
with the proper functioning of the WCF, DAS or Small Cell technology. Accessory
equipment located within a ROW shall be limited to placement underground .
K . Noise study. A noise study , prepared , signed and sealed by a Washington-licensed
engineer, for the proposed WCF and all associated equipment demonstrating compliance
with CMC 9.32 .050 Public Disturbance Noises .
L. Collocation consent for WCF's. A written statement, signed by a person with the legal
authority to bind the applicant and the proj ect owner, which indicates whether the
applicant is willing to allow other transmission equipment owned by others to collocate
with the proposed wireless communication facility whenever technically and economically
feasible and aesthetically desirable .
M . Other published materials. All other information and/or materials that the City may, from
time to time, make publicly available and designate as part of the application
requirements .
Section 18.35.070 General Development Standards Applicable to WCFs
The following criteria shall be applied in approving , approving with conditions or denying a WCF that
is subject to a Type II or Ill review procedure . Unless otherwise provided in this chapter, WCF
construction shall be consistent with the development standards of the zoning district in which it is
located.
A. Height. Refer to CMC Tables 18.35 -1 and 2 .
1. Setback Requirements. Refer to CMC Tables 18.35-1 and 2 for towers . All
equipment shelters , cabinets or other on -the-ground ancillary equipment shall be
buried or meet the setback requirement of the zone in which located.
2 . Notwithstanding the setbacks provided for in Tables 18 .35-1 and 2 , when a tower
is located adjacent to a parcel zoned for residential (R ,MF zones), the minimum
setback from the lot line for a new tower must be equal to the height of the
proposed tower, unless the setback is waived by the owner of the residentially
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zoned parcel.
B. Landscaping. All landscaping shall be installed and maintained in accordance with this
chapter. Existing on-site vegetation shall be preserved to the greatest extent reasonably
possible and/or improved , and disturbance of the existing topography shall be minimized .
The approval authority may grant a waiver from the required landscaping based on
findings that a different requirement would better serve the public interest.
1. Tower bases , when fenced (compounds), or large equipment shelters (greater
than three feet by three feet by three feet), shall be effectively visually softened
through the planting of a 15 foot perimeter planting to include a combination of
groundcover, shrubs and trees , or as otherwise required based on the underlying
zone or street standard .
2 . If fencing is installed , it shall consist of decorative masonry or wood fencing. In
commercial districts other than the DC zone , and industrial zones, three strands
of barbed wire may be placed atop a lawful fence if the fence is not visible from
an adjacent street or is placed behind a sight-obscuring fence or wall. Electrified
fences are not permitted in any zone . Razor or concertina wire is not allowed.
3. Applicant shall demonstrate an irrigation plan is designed and will be in place to
ensure the full establishment of plantings for two years.
C. Visual Impact. All WCFs in residential zones and within 150 feet of residential zones ,
including equipment enclosures , shall be sited and designed to minimize adverse visual
impacts on surrounding properties and the traveling public to the greatest extent
reasonably possible , consistent with the proper functioning of the WCF. Such WCFs and
equipment enclosures shall be integrated through location and design to blend in with the
existing characteristics of the site. Such WCFs shall also be designed to either resemble
the su rrounding landscape and other natural features where located in proximity to
natural surroundings , or be compatible with the urban , built environment , through
matching and complimentary existing structures and specific des ign considerations such
as architectural designs , height, scale, color and texture , and/or be consistent with other
uses and improvements permitted in the relevant zone. If a new tower is proposed, the
applicant must demonstrate the need for a new tower and why alternative locations and
design alternatives such as the use of microcell cannot be used to close the gap in
service provision.
D. Use of Stealth Design/Technology. The applicant shall make an affirmative showing as to
why they are not employing stealth technology. More specifically:
1. Stealth design is required in residential zones and to the extent shown in Tables
18.35 -1 and 2 . Stealth and concealment techniques must be appropriate given
the proposed location , design , visual environment, and nearby uses , structures ,
and natural features. Stealth design shall be designed and constructed to
substantially conform to surrounding building designs or natural settings , so as to
be visually unobtrusive. Stealth design that rel ies on screening wireless
communications facilities in order to reduce visual impact must screen all
substantial portions of the facility from view. Stealth and concealment techniques
incorporating faux-tree des igns are limited to trees native to the Pacific Northwest.
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E. Lighting. For new wireless communication support towers, only such lighting as is
necessary to satisfy FAA requirements is permitted. All FAA-required lighting shall use
lights that are designed to minimize downward illumination. Security lighting for the
equipment shelters or cabinets and other on-the-ground ancillary equipment is also
permitted as long as it is down shielded to keep light within the boundaries of the site.
Motion detectors for security lighting are encouraged in residential, R and MF zones or
adjacent to residences.
F. Signage. No facilities may bear any signage or advertisement(s) other than signage
required by law or expressly permitted/required by the City.
G. Code compliance. All facilities shall at all times comply with all applicable federal, State
and local building codes, electrical codes, fire codes and any other code related to public
health and safety.
H. Building-mounted WCFs.
1. In residential (R,MF) zones, all transmission equipment shall be concealed within
existing architectural features to the maximum extent feasible. Any new
architectural features proposed to conceal the transmission equipment shall be
designed to mimic the existing underlying structure, shall be proportional to the
existing underlying structure or conform to the underlying use and shall use
materials in similar quality, finish, color and texture as the existing underlying
structure.
2. In residential zones, all roof-mounted transmission equipment shall be set back
from all roof edges to the maximum extent feasible.
3. In all other zones, antenna arrays and supporting transmission equipment shall
be installed so as to camouflage, disguise or conceal them to make them closely
compatible with and blend into the setting and/or host structure.
I. WCFs in the public rights-of-way.
1. Preferred locations. Facilities shall be located as far from residential uses as
feasible. Facilities in the rights-of-way shall maintain at least a two hundred (200)
foot separation from other wireless facilities (except with respect to DAS or Small
Cells), except when collocated or on opposite sides of the same street.
2. Pole-mounted or tower-mounted equipment. All pole-mounted and tower-mounted
transmission equipment shall be mounted as close as possible to the pole or
tower so as to reduce the overall visual profile to the maximum extent feasible. All
pole-mounted and tower-mounted transmission equipment shall be painted with
flat, non-reflective colors or shades of either black, brown or grey that blend with
the visual environment.
3. For all WCFs to be located within the right-of-way, prior to submitting for a
building permit, the applicant must have a valid municipal master permit,
municipal franchise, or exemption otherwise granted by applicable law, to the
extent consistent with RCW 35.21.860.
J. Accessory Equipment. All equipment shall be located or placed in an existing building,
underground, or in an equipment shelter that is (a) designed to blend in with existing
surroundings, using architecturally compatible construction and colors; and (b) located so
as to be unobtrusive as possible consistent with the proper functioning of the WCF.
K. Spacing of Towers. Towers shall maintain a minimum spacing of one-half mile, unless it
can be demonstrated that physical limitations (such as topography, terrain, tree cover or
location of buildings) in the immediate service area prohibit adequate service by the
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existing facilities and that collocation is not feasible under CMC 18 .35.050 .
L. Site Design Flexibility. Individual WCF sites vary proximity to adjacent buildings, existing
trees, topography and other local variables. By mandating certain design standards , there
may result a project that could have been less intrusive if the location of the various
elements of the project could have been placed in more appropriate locations within a
given site. Therefore , the WCF and supporting equipment may be installed so as to best
camouflage , disguise them, or conceal them, to make the WCF more closely compatible
with and blend into the setting and/or host structure, upon approval by the approval
authority. The design flexibility allowed under this subsection includes additional height
for a tower located within tall trees on (i) City property or (ii) other parcels at least 5 acres
in size, so that the impact of the tower may be minimized by the trees while still allowing
for the minimum clearance needed for the tower to achieve the applicant's coverage
objectives . A formal exception from standards under CMC 18.35 .090 is not required for
proposals meeting this subsection by being a less intrusive design option.
M. Structural Assessment. The applicant of a proposed tower shall have a structural
assessment of the tower conducted by a professional engineer, licensed in the State of
Washington, which shall be submitted with the application for a building permit and
demonstrate the structural stability and carrying capacity for antennae.
Section 18.35.080 Regulations for Facilities Subject to a Conditional Use Permit
A. Approval criteria. In addition to the development standards in this chapter and the
approval criteria in CMC 18.43.050 , the following additional approval criteria apply:
1 . The need for the proposed tower shall be demonstrated if it is to be located in a
residential zone or within one hundred fifty feet of an existing residential lot. An
evaluation of the operational needs of the wireless communications provider,
alternative sites, alternative existing facilities upon which the proposed antenna
array might be located, and collocation opportunities on existing support towers
within one-half mile of the proposed site shall be provided. Evidence shall
demonstrate that no practical alternative is reasonably available to the applicant.
2. The proposed tower satisfies all of the provisions and requirements of this
Chapter.
B. Public Notice. In addition to the notice of hearing requirements of CMC 18.55, for
proposals in residential zones and within 150 feet of a residential zone, the mailed public
notice should include a black and white architectural elevation and color photo simulation
renderings of the proposed WCF.
Section 18.35.090 Exception from Standards
A. Applicability. Except as otherwise provided in this chapter (under Site Design Flexibility),
no WCF shall be used or developed contrary to any applicable development standard
unless an exception has been granted pursuant to this Section . These provisions apply
exclusively to WCFs and are in lieu of the generally applicable variance and design
deviation provisions in CMC Title 17 and 18 .
B. Procedure Type. A wireless communications facility exception is a Type Ill procedure .
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C. Submittal Requirements. In addition to the general submittal requirements for a Type Ill
application, an application for a wireless communication facility exception shall include:
1. A written statement demonstrating how the exception would meet the criteria.
2. A site plan that includes:
a. Description of the proposed facility's design and dimensions, as it would
appear with and without the exception.
b . Elevations showing all components of the wireless communication facility
as it would appear with and without the exception .
c. Color simulations of the wireless communication facility after construction
demonstrating compatibility with the vicinity, as it would appear with and
without the exception .
D. Criteria. An application for a wireless communication facility exception shall be granted if
the following criteria are met:
1. The exception is consistent with the purpose of the development standard for
which the exception is sought.
2. Based on a visual analysis, the design minimizes the visual impacts to residential
zones through mitigating measures, including, but not limited to, building he ights,
bulk , color, and landscaping.
3. The applicant demonstrates the following:
a. A significant gap in the coverage, capacity, or technologies of the service
network exists such that users are regularly unable to connect to the
service network, or are regularly unable to maintain a connection, or are
unable to achieve reliable wireless coverage within a building;
b. The gap can only be filled through an exception to one or more of the
standards in this chapter; and
c. The exception is narrowly tailored to fill the service gap such that the
wireless communication facility conforms to this chapter's standards to the
greatest extent possible.
4 . Exceptions in Residential Zones. For a new tower proposed to be located in a
residential zone or within 150 feet of a residential zone, unless the proposal
qualifies as a preferred location on City-owned or operated property or facilities
under CMC 18 .35 .050(C)(1 ), the applicant must also demonstrate that the
manner in which it proposes to fill the significant gap in coverage, capacity, or
technologies of the service network is the least intrusive on the values that this
chapter seeks to protect.
Section 18. 35 .100 Final Inspection
A. A Certificate of Occupancy will only be granted upon satisfactory evidence that the WCF
was installed in substantial compliance with the approved plans and photo simulations.
B. Failure to Comply. If it is found that the WCF installation does not substantially comply
with the approved plans and photo simulations, the applicant shall immediately make any
and all such changes required to bring the WCF installation into compliance.
Section 18.35 .110 Maintenance
A. All wireless communication facilities must comply with all standards and regulations of the
FCC and any other State or federal government agency with the authority to regulate
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wireless communication facilities.
B. The site and the wireless communication facilities , including all landscaping , fencing and
related transmission equipment must be maintained at all times in a neat and clean
manner and in accordance with all approved plans .
C . All graffiti on wireless communication facilities must be removed at the sole expense of
the permittee after notification by the City to the owner/operator of the WCF.
D. If any FCC, State or other governmental license or any other governmental approval to
provide communication services is ever revoked as to any site permitted or authorized by
the City, the permittee must inform the City of the revocation within thirty (30) days of
receiving notice of such revocation.
Section 18 .35 .120 Discontinuation of Use
A. Any wireless communication facility that is no longer needed and its use is discontinued
shall be reported immediately by the service provider to the community development
director. Discontinued facilities shall be complete ly removed within six months and the
site restored to its pre-existing condition .
B. There shall also be a rebuttable presumption that any WCF that is regulated by this
chapter and that is not operated for a period of six (6) months shall be considered
abandoned. This presumption may be rebutted by a showing that such WCF is an
auxiliary back-up or emergency utility or device not subject to regular use or that the WCF
is otherwise not abandoned. For those WCFs deemed abandoned , all equipment,
including , but not limited to , antennas , po les , towers, and equipment shelters associated
with the WCF shall be removed within six (6) months of the cessation of operation.
Irrespective of any agreement among them to the contrary, the owner or operator of such
unused facility, or the owner of a building or land upon which the WCF is located, shall be
jointly and severally responsible for the removal of abandoned WCFs. If the WCF is not
thereafter removed within ninety (90) days of written notice from the City, the City may
remove the WCF at the expense of the property owner and WFC owner. Both owners are
jointly and severally liable for the City's removal costs ., including all costs and attorneys'
fees . If there are two or more wireless communications providers collocated on a single
support structure , this provision shall not become effective until all providers cease using
the WCF for a continuous period of six (6) months.
Section 18.35.130 Independent Technical Review
Although the City intends for City staff to review administrative matters to the extent feasible, the
City may retain the services of an independent , radio frequency technical expert of its choice to
provide technical evaluation of permit applications for WCFs, including administrative and
conditional use permits . The technical expert review may include , but is not limited to (a) the
accuracy and completeness of the items submitted with the application ; (b) the applicability of
analysis and techniques and methodologies proposed by the applicant; (c) the validity of
conclusions reached by the applicant ; and (d) whether the proposed WCF complies with the
applicable approval criteria set forth in this chapter. The applicant shall pay the cost for any
independent consultant fees , along with applicable overhead recovery , through a deposit,
estimated by the City , paid within ten (10) days of the City's request. When the City requests
such payment, the application shall be deemed incomplete for purposes of application processing
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timelines. In the event that such costs and fees do not exceed the deposit amount, the City shall
refund any unused portion within thirty (30) days after the final permit is released or, if no final
permit is released, within thirty (30) days after the City receives a written request from the
applicant. If the costs and fees exceed the deposit amount, then the applicant shall pay the
difference to the City before the permit is issued.
Section 18.35.140 Exempt Facilities
The following are exempt from this chapter:
A. FCC licensed amateur (ham) radio facilities;
B. Satellite earth stations, dishes and/or antennas used for private television reception not
exceeding one (1) meter in diameter;
C. A government-owned WCF installed upon the declaration of a state of emergency by the
federal, state or local government, or a written determination of public necessity by the
City; except that such facility must comply with all federal and state requirements;
D. A temporary, commercial WCF installed for providing coverage of a special event such as
news coverage or sporting event , subject to approval by the City. The WCF shall be
exempt from the provisions of this chapter for up to one week before and after the
duration of the special event;
E. In locations more than 150 feet from a residential zone, other temporary, commercial
WCFs installed for a period of 90 days , subject to renewals at the City's discretion;
provided, that such temporary WCF will comply with applicable setbacks and height
requirements.
Section 18.35 .150 Indemnification
Each permit issued shall have as a condition of the permit a requirement that the applicant defend ,
indemnify and hold harmless the City and its officers, agents, employees, volunteers , and
contractors from any and all liability, damage, or charges (including attorneys' fees and expenses)
arising out of claims, suits , demands, or causes of action as a result of the permit process, granted
permit, construction, erection, location, performance, operation, maintenance, repair, installation,
replacement, removal, or restoration of the WCF on City property or in the public right-of-way.
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